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Publication date: 25.02.2025
Has been practicing law since 2019. Currently, represents the interests of one of the largest airlines in Europe in the German and Austrian markets. Has over ten years of experience as an international lawyer. Has worked at the Ministry of the Interior of Austria at the embassy in Kyiv.
Case: Appealing claims for compensation for a canceled flight in the interests of the airline
The plaintiff filed a lawsuit against the defendant, the airline (client), demanding passenger compensation rights under the terms of the carriage contract. The claim was based on the violation of Regulation (EC) 261/2004, which governs passenger rights for flight delays and cancellations. The plaintiff argued that the airline failed to fulfill its transportation obligations and violated passenger rights compensation due to the flight delay.
Airline’s Defense Position
Defending the airline's interests, I, as the defendant's representative, referred to Regulation (EC) 261/2004, specifically Article 5, paragraph 1(i), which establishes the rules for claim airline compensation and assistance to passengers in the event of flight cancellations. This provision states that the airline may be exempt from paying refund for canceled flight if passengers were notified in advance.
In the statement of defense, I gathered and presented the following evidence to the court:
- An electronic notification confirming the passenger received information about the flight cancellation.
- The airline's system data confirming the notification was sent to passengers.
- The airline's policy on informing passengers, which complies with EU regulations.
Key Defense Arguments
- Compliance with passenger notification requirements. According to Article 5 of Regulation (EC) 261/2004, an airline is not obligated to pay compensation for a canceled flight if passengers were notified at least 14 days before the scheduled departure. The provided evidence confirmed that the passenger received timely notification of the flight cancellation, which eliminates the right to compensation.
- Proper fulfillment of carrier obligations. The airline offered the passenger alternative flight options or a refund for the ticket in accordance with the regulations. The defendant acted in compliance with Regulation (EC) 261/2004 and did not violate passengers' rights to compensation.
- Lack of grounds for compensation. The court ruled that the airline had fulfilled all obligations regarding passenger notification about the canceled flight. The plaintiff acknowledged the legality of the airline’s actions and withdrew the claim.
Court Case Outcome
The plaintiff withdrew the claim as the provided evidence confirmed the legality of the airline’s actions.
The airline avoided an unlawful lawsuit against airline.
The court dismissed the plaintiff’s claims, confirming no violations by the carrier.
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Legal Support for Airlines
Airlines frequently face lawsuit against airline for flight delay compensation or cancellations, as well as other passenger complaints. Poor documentation management or non-compliance with Regulation (EC) 261/2004 can result in significant financial losses.
How an Aviation Law Attorney Assists Airlines:
- Analyzes the legitimacy of passenger claims and assesses litigation prospects.
- Prepares legal documents confirming the airline’s compliance.
- Represents the airline’s interests in court regarding compensation claims.
- Advises on aviation law compliance and risk prevention.
- Assists in interactions with regulatory and supervisory authorities.
Legal Marketplace "Consultant" – Fast Assistance for Airlines
The legal marketplace "Consultant" brings together top aviation law attorneys to provide professional support for airlines. Through the "Consultant" platform, carriers can:
- Quickly obtain legal consultation on the legitimacy of passenger claims.
- Prepare the necessary documents to defend against unjustified lawsuits.
- Find attorneys promptly for court representation.
- Protect financial interests and avoid unlawful payments.
Frequently Asked Questions About Compensation – Legal Marketplace "Consultant"
Question
What are passenger compensation rights overbooking compensation ?
Answer
Passenger compensation rights are regulated by Regulation (EC) 261/2004. If an airline cancels a flight without notifying passengers at least 14 days before departure, passengers can file a lawsuit against airline or seek legal assistance for passengers to recover compensation.
Question
how to get compensation for a canceled flight ?
Answer
To receive refund for canceled flight, you must submit a claim to the airline. If the airline refuses to refund, passengers can initiate a lawsuit against airline.
Question
Can I file a lawsuit against an airline for refusing to pay compensation?
Answer
Yes, passengers can sue an airline if it violates their right to compensation for lost baggage or denied boarding compensation.
Question
What is the compensation amount for a canceled flight?
Answer
The compensation amount depends on the flight distance: 250 EUR compensation for flights up to 1500 km, 400 EUR compensation for flights up to 3500 km, 600 EUR compensation for long-haul flights
Question
Can compensation be claimed for a delayed flight?
Answer
Yes. Available flight delay compensation includes: flight delay compensation 3 hours, flight delay compensation for 4 hours.
This case demonstrates the importance of correctly applying Regulation (EC) 261/2004 and timely informing passengers about schedule changes. Thanks to a professional legal approach, the airline avoided compensation claims, successfully protecting its interests.
If your company faces similar claims, securing passenger legal assistance and professional legal support is essential. Consulting an aviation law attorney in time will help prepare the necessary evidence, ensure proper compensation recovery, or prevent unjustified claims.
To prevent financial losses and minimize legal risks, airlines must have reliable legal support. The legal marketplace "Consultant" connects experienced aviation law attorneys who help carriers protect their rights, prepare documents, and effectively represent their interests in court.
Contact "Consultant" today for expert legal support and protection from unjustified claims!
Get a consultation now: +380636250303
